Medrano v. Housing Auth. of Austin

No. A-96-CA-329-SC (W.D. Tex. filed Dec. 18, 1996). ; Clearinghouse Number: 51571

Description

Housing Authority Agrees to Modify Section 8 Waiting-List Policies

Abstract

The parties have reached a settlement in this suit in which plaintiff, a prospective Section 8 tenant, alleged that county housing authority violated federal law and the U.S. Constitution in removing her from the waiting list for the Section 8 Existing Housing Program. Plaintiff had been on the list for three years when she was told to bring various specified documents to a meeting to process and complete her application. At the meeting on December 19, 1996, she was told to return to the housing authority office with numerous other required documents by December 26. Because of the weekend and holiday, the office was closed on December 23- 26. When plaintiff brought the documents on December 27, her documents were refused and she was removed from the waiting list. She received a letter telling her that she had been deleted from the waiting list and had no right to a hearing or appeal. Plaintiff claimed that housing authority violated Section 8 regulations, 24 C.F.R. § 982.554(a)-(b), when it sent her no notice explaining its decision and advising her of her right to an informal hearing. She also contended that it violated her rights to due process by not notifying her of her right to a hearing and by not allowing for a reasonable time period to submit documents. Housing authority has agreed to notify applicants in writing of the termination of their application and their removal from any waiting list. The notice will include a statement of the applicant’s right to an informal hearing. Any officer at a reinstatement hearing will be required to consider the circumstances in each case. Housing authority further agreed to grant hearings to applicants who were previously removed from public housing waiting lists and who now, by a specified deadline, request in writing a hearing. Plaintiff will be reinstated to the waiting list and given an appropriate housing certificate or voucher, and the housing authority will pay her $1,000 in damages.

Additional Information

Attorney Information
Plaintiff represented by Fred Fuchs, Legal Aid of Central Texas, 205 W. 9th St., Suite 200, Austin, TX 78701; (512) 476-7244.
Docket Date
1996-12-18 00:00:00+00:00